Tenants named in Housing Court hold- over and nonpayment proceedings end up on what is called the “tenant black- list.” The New York State Office of Court Administration (OCA) sells Housing Court data to tenant screening companies. These companies use this data to make reports about tenants. Landlords then use the reports to decide whether to rent to you. Most landlords will not rent to you if you have ever been in Housing Court. If your name appears in the Housing Court’s database, it can be difficult to find a new rental in New York City and other cities across the country.
How Tenant Blacklisting Works
The OCA sells data about eviction cases brought in the New York City Housing Court to “tenant screening bureaus” (TSBs).
A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case. A holdover proceeding can have many variations. For example, if the tenant has violated a lease provision, illegally put others in the apartment, has become a nuisance to other tenants, or is staying after a lease has expired, the landlord may bring a holdover case. A roommate who is named on the lease can also bring a holdover proceeding to evict a roommate who is not named on the lease from the apartment.
There may or may not be a landlord/tenant relationship, and the petitioner may or may not need to show a good reason why a respondent’s occupancy should be terminated. The rights of the parties may be determined by a lease or other agreement, housing laws and regulations and/or the New York State or United States Constitution. A predicate notice may or may not have to be served.
In addition to the main civil division of the Court, and the Small Claims Part, the Civil Court of the City of New York has a Housing Part devoted to actions and proceedings involving the enforcement of state and local laws for the establishment and maintenance of housing standards. The Housing Part has jurisdiction of summary proceedings, and in addition to judgments of possession, can award a judgment for rent in any amount.
The kinds of cases filed in the Landlord-Tenant Housing Part Office and decided in the Housing Court, include the following:
Landlord/Tenant laws are designed to protect both parties in residency agreements for both commercial and residential properties. They can be quite complex. These laws vary greatly from state to state but, as a general rule, each will have a section outlining the rights, restrictions, and expectations of the tenant and another similar section devoted to the landlord.
Some of the across-the-board regulations include:
•Landlords must give tenants notice before entering a rental premises (generally one to two days)
•Tenants must uphold certain maintenance obligations
•Tenants are responsible for the behaviors of any and all guests they invite to the property
•The agreement can’t be changed without the permission of both parties involved (or failing that the due diligence of one party to meet specified guidelines for amending the agreement)
•Landlords and tenants can terminate a rental agreement for a variety of reasons but termination must be preceded by verbal or written notice of intent
While these laws were put on the books with the intent of giving both parties a level playing field, landlords generally have access to a larger amount of resources (financial or otherwise) which may aide them in the event of a dispute. Continue reading
Whether you are the party seeking damages or the party presumed to owe money, you must know:
The ins and outs of your lease agreement
The laws in your state
Does your lease state that you, the tenant, must give notice in writing 30 days before moving out, and you never gave it? Does your lease state that you, the landlord, must do requested repairs in a timely fashion but you never did? Honestly evaluate whether you have violated the terms of the contract. Continue reading
N.Y. ADC. LAW § 27-2009 : NY Code – Section 27-2009:
Any conviction of a tenant for violation of this code which: (1) Results from wilful or grossly negligent conduct and causes substantial damage to the dwelling units; or (2) Results from repeated or continued conduct which causes damage to the dwelling unit or substantially interferes with the comfort or safety of another person; or (3) Consists of an unreasonable refusal to afford access to the dwelling unit to the owner or his or her agent or employee for the purpose of making repairs or improvements required by this code, shall constitute grounds for summary proceedings by the owner to recover possession of such dwelling unit from the tenant.
For more information on Eviction Service visit www.undisputedlegal.com or Call 1-800-774-6922 Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact Undisputedlegal.com.
N.Y. ADC. LAW § 26-408 : NY Code – Section 26-408:
a. No tenant, so long as he or she continues to pay the rent to which the landlord is entitled, shall be removed from any housing accommodation which is subject to rent control under this chapter by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession notwithstanding the fact that the tenant has no lease or that his or her lease, or other rental agreement, has expired or otherwise terminated, notwithstanding any contract, lease agreement, or obligation heretofore or hereafter entered into which provides for surrender of possession, or which otherwise provides contrary hereto, except on one or more of the following grounds, or unless the landlord has obtained a certificate of eviction pursuant to subdivision b of this section: Continue reading
When you have an unwanted tenant or renter in one of the properties you own, an eviction is the next logical step in order to have them removed from the residence. At UndisputedLegal.com we specialize in eviction services and see to all of the necessary paperwork and details. We understand the process of eviction can be overwhelming and frustrating, which is why we offer solutions to fit every budget – giving you the choice to have our office handle the entire process from beginning to end.
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Don’t let an unwanted tenant continue to take advantage of you or destroy your property. Take charge and have them legally removed with the assistance of UndisputedLegal.com. To learn more about our eviction service offerings, visit our site today.
For more information of eviction services visit www.undisputedlegal.com or call 1.800.774.6922 Open Monday-Friday 8 am.-8pm. “When you want it done right the first time” contact undisputed legal.com